VIRENDRA K MALIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application under Section 482 of the Code of Criminal Procedure has been preferred by the petitioner original accused partner of Milak Plastic Industries, Gandhidham-Kutchh to quash and set aside the complaint being C.R.No.II-3082 of 2011 registered with Gandhidham B Division Police Station, Gandhidham-Kutchh for the offences punishable under Sections 370 and 374 of the Indian Penal Code and Section 26 of the Juvenile Justice (Care and Protection of Children) Act,2000.

(2.) RESPONDENT No.2 herein original complainant has lodged the aforesaid FIR against the applicant with Gandhidham B Division Police Station being C.R.No.II- 3082 of 2011 alleging inter-alia that on the day of surprise visit/ inspection of the factory of the petitioner on 25/03/2011, it was found that four girls, who were found to be minors were working in the factory of the petitioner at the relevant time and, therefore, it is alleged that the petitioner has committed an offences punishable under Sections 370 and 374 of the Indian Penal Code and Section 26 of the Juvenile Justice (Care and Protection of Children) Act,2000 as it was found that child labourers were working in the factory of the petitioner. Being aggrieved by and dissatisfied with the impugned complaint/FIR, the petitioner original accused has preferred the present application under Section 482 of the Code of Criminal Procedure to quash and set aside the impugned complaint/FIR.

(3.) HAVING heard learned advocates appearing on behalf of the respective parties at length and considering averments and allegations made in the complaint/FIR as well as statements of minor girls, whose names have been mentioned in the complaint/FIR and who were found to be working in the factory of the petitioner and considering the same, this Court is of the opinion that no case is made out against the applicant for the offences punishable under Sections 370 and 374 of Indian Penal Code as well as Section 26 of The Juvenile Justice (Care and Protection of Children) Act,2000. Section 26 of the said Act, reads as under: